Rule 52. Findings and Conclusions by the Court; Amended Findings; Waiver of Findings and Conclusions; Correction of the Record; Judgment on Partial Findings
Effective: May 1, 2016
(a) Findings and Conclusions
(a)(1) Bench Trials
In all actions tried upon the facts without a jury or with an advisory jury, the court must find the facts specially and state separately its conclusions of law. The findings and conclusions must be made part of the record and may be stated in writing or orally following the close of the evidence. Judgment must be entered separately under Rule 58A.
(a)(2) Interlocutory Injunctions
In granting or refusing interlocutory injunctions, the court must similarly set forth the findings of fact and conclusions of law that support its action.
(a)(3) Sufficiency of the Evidence
A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.
(a)(4) Standard of Review
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the credibility of the witnesses.
(a)(5) Master’s Findings
The findings of a master, to the extent the court adopts them, must be considered the findings of the court.
(a)(6) Findings Not Required on Certain Motions
The trial court need not enter findings of fact and conclusions of law in rulings on motions granted under Rules 12(b), 50, 56, and 59. However, when the motion is based on more than one ground, the court must issue a brief written statement of the ground for its decision.
(b) Amended or Additional Findings
Upon motion of a party filed no later than 28 days after entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.
(c) Waiver of Findings of Fact and Conclusions of Law
Except in actions for divorce, the parties may waive findings of fact and conclusions of law: (c)(1) By default or by failing to appear at trial. (c)(2) By written consent filed in the action. (c)(3) By oral consent in open court, entered in the minutes.
(d) Correction of the Record
If anything material is omitted from or misstated in the transcript of an audio or video record of a hearing or trial, or if a disagreement arises as to whether the record accurately discloses what occurred in the proceeding, a party may move to correct the record. The motion must be filed within 14 days after the transcript is filed, unless good cause is shown. The omission, misstatement, or disagreement will be resolved by the court, and the record will be corrected to accurately reflect the proceeding.
(e) Judgment on Partial Findings
If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter a non-final judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render judgment until the close of the evidence. A non-final judgment on partial findings must be supported by findings of fact and conclusions of law as required by paragraph (a).
Advisory Committee Notes
The 2016 amendments adopt the plain-language style of Federal Rule of Civil Procedure 52. Like the federal rule, the 2016 amendments also move a provision formerly found in Rule 41(b) to this rule.
Formerly, if a plaintiff had presented its case and the evidence did not support the claim, the court—in a bench trial—could find for the defendant without hearing the defendant’s evidence. Paragraph (e) expands that principle to claims other than the plaintiff’s and allows the court to enter findings, conclusions, and judgment whenever a party has completed its evidence on a particular element of a claim or defense and that evidence is legally insufficient.
